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Iowa Supreme Court Board of Professional Ethics and Conduct v. Sherman12/19/2001
or information about a complaint. The order also admonished Sherman for his failure to file a bankruptcy petition in a timely manner for a client. An attorney's prior disciplinary history is an aggravating factor we consider in imposing sanctions for ethical violations. Sherman, 619 N.W.2d at 410.
What we said in Iowa Supreme Court Board of Professional Ethics & Conduct v. Scieszinski has particular application to Sherman:
We like to think our certificate of admission to the bar is an indication to citizens that the holder can and will render competent legal services. If this cannot or will not be done for any reason-even for a tragic reason-the holder must start considering another line of work. 599 N.W.2d 472, 474 (Iowa 1999).
Like some of the respondent lawyers that have come before us, Sherman "is no neophyte procrastinator." Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sullins, 613 N.W.2d 656, 656 (Iowa 2000). As the record shows, Sherman's prior disciplinary history includes client neglect and failure to respond to Board inquiries.
As mentioned, we concur with the Commission's recommendation that Sherman's ethical violations in this case warrant suspension of his license to practice law. However, we think the suspension should be longer than thirty days as the Commission recommended. We therefore suspend Sherman's license to practice law indefinitely, with no possibility of reinstatement for a period of three months. This suspension shall apply to all facets of the practice of law. See Ct. R. 118.12 Costs are assessed to Sherman in accordance with Court Rule 118.22.
Upon any application for reinstatement, Sherman must furnish proof that he has not practiced law during the period of suspension and that he has in all other ways complied with Court Rule 118.18. In addition, he must provide this court with medical proof that he is mentally fit to resume the practice of law.
LICENSE SUSPENDED.
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